<div class="chunk-title">PART I - RELATED STATE LAWS<sup>[1]</sup></div>
<div class="chunk-content"><p class="bc0">
            GENERAL ASSEMBLY OF NORTH CAROLINA
            
         </p><p class="bc0">
            SESSION 2007
            
         </p><p class="bc0">
            SESSION LAW 2008-111
            
         </p><p class="bc0">
            SENATE BILL 1631
            
         </p><p class="b0">
            AN ACT TO CLARIFY HOW PUBLIC BODIES IN HYDE COUNTY MAY CONDUCT BUSINESS DURING MEETINGS
            INVOLVING SIMULTANEOUS COMMUNICATION.
            
         </p><p class="p0">
            The General Assembly of North Carolina enacts:
            
         </p><p class="p0">
            <span class="ital">Section 1.</span> G.S. 143-318.13 reads as rewritten:
            
         </p><p class="p0">
            "Â§ 143-318.13. Electronic meetings; written ballots; acting by reference.
            
            <p class="incr2">
               (a)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Electronic meetings.</span> A public body may conduct official meetings, in whole or in part, with simultaneous
               communication. Prior to conducting an official meeting with simultaneous communication,
               the public body shall adopt rules of procedure governing the conduct of such meetings
               that address at least all of the following:
               
            </p>
            		
            <p class="incr3">
               (1)
               
            </p>
            		
            <p class="content4">
               The verification of the identity of the member or members of the public body who are
               participating by simultaneous communication.
               
            </p>
            		
            <p class="incr3">
               (2)
               
            </p>
            		
            <p class="content4">
               The process of orderly deliberation by the public body.
               
            </p>
            		
            <p class="incr3">
               (3)
               
            </p>
            		
            <p class="content4">
               The process of voting by the public body.
               
            </p>
            		
            <p class="incr3">
               (4)
               
            </p>
            		
            <p class="content4">
               The procedure for recording any votes taken in the minutes of the public body.
               
            </p>
            		
            <p class="incr3">
               (5)
               
            </p>
            		
            <p class="content4">
               The means by which members of the public can listen or watch the official meeting
               and the means by which the public is offered the opportunity to participate from the
               remote location to the same extent as the public at the main location. This requirement
               shall not apply in emergency meetings.
               
            </p>
            		
            
            <p class="incr2">
               (a1)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Quorum and voting by members of the public body during electronic meetings.</span> A member or members of the public body participating from a remote location by simultaneous
               communication shall be counted as present for quorum purposes, and all votes of members
               of a public body made during an official meeting with simultaneous communication shall
               be counted as if the member were physically present in the place of the official meeting
               provided all of the following apply to the official meeting:
               
            </p>
            		
            <p class="incr3">
               (1)
               
            </p>
            		
            <p class="content4">
               The official meeting was properly noticed under G.S. 143-318.12 and under any other
               requirement for notice applicable to the public body.
               
            </p>
            		
            <p class="incr3">
               (2)
               
            </p>
            		
            <p class="content4">
               The member or members of the public body participating from a remote location by simultaneous
               communication are not physically located outside the jurisdiction of the public body.
               This subdivision shall not apply if the official meeting is an emergency meeting as
               defined in G.S. 143-318.12(b)(3).
               
            </p>
            		
            <p class="incr3">
               (3)
               
            </p>
            		
            <p class="content4">
               The member or members of the public body participating from a remote location by simultaneous
               communication can hear what is said by the other members of the public body and by
               any individual addressing the public body.
               
            </p>
            		
            <p class="incr3">
               (4)
               
            </p>
            		
            <p class="content4">
               The member or members of the public body participating from a remote location by simultaneous
               communication can be heard by the other members of the public body and any other individuals
               in attendance at the official meeting.
               
            </p>
            		
            <p class="incr3">
               (5)
               
            </p>
            		
            <p class="content4">
               The vote of the member or members of the public body participating from a remote location
               by simultaneous communication is not by electronic mail.
               
            </p>
            		
            <p class="incr3">
               (6)
               
            </p>
            		
            <p class="content4">
               If the chair or presiding officer of the public body is participating from a remote
               location by simultaneous communication, the vice chair or mayor pro tempore or some
               other member of the public body who is physically present shall preside at the official
               meeting. The chair or presiding officer of the public body participating from a remote
               location by simultaneous communication shall retain the same voting rights he or she
               has when presiding.
               
            </p>
            		
            <p class="incr3">
               (7)
               
            </p>
            		
            <p class="content4">
               The official meeting, or part of an official meeting with a member or members of the
               public body participating from a remote location by simultaneous communication is
               not any of the following:
               
            </p>
            		
            <p class="incr4">
               a.
               
            </p>
            		
            <p class="content5">
               A closed session, unless the closed session is held during an emergency meeting.
               
            </p>
            		
            <p class="incr4">
               b.
               
            </p>
            		
            <p class="content5">
               A quasi-judicial proceeding.
               
            </p>
            		
            <p class="incr3">
               (8)
               
            </p>
            		
            <p class="content4">
               No written ballots may be taken at the official meeting with a member or members of
               the public body participating from a remote location by simultaneous communication.
               
            </p>
            		
            <p class="incr3">
               (9)
               
            </p>
            		
            <p class="content4">
               If the official meeting involves a member of the public body participating from a
               remote location by simultaneous communication by which the member cannot be physically
               seen by the public body, that member must comply with all of the following:
               
            </p>
            		
            <p class="incr4">
               a.
               
            </p>
            		
            <p class="content5">
               The member identifies himself or herself when the roll is taken or the meeting is
               commenced.
               
            </p>
            		
            <p class="incr4">
               b.
               
            </p>
            		
            <p class="content5">
               The member identifies himself or herself prior to participating in the deliberations
               during the official meeting.
               
            </p>
            		
            <p class="incr4">
               c.
               
            </p>
            		
            <p class="content5">
               The member identifies himself or herself prior to voting.
               
            </p>
            		
            <p class="incr3">
               (10)
               
            </p>
            		
            <p class="content4">
               The member or members participating from a remote location by simultaneous communication
               shall have been provided with any documents to be considered during the official meeting.
               
            </p>
            		
            
            <p class="incr2">
               (a2)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Participation of public during electronic meetings.</span> If a public body holds an official meeting by use of simultaneous communication,
               it shall provide a location and means whereby members of the public may listen to
               the official meeting and the notice of the official meeting required by this article
               shall specify that location.
               
            </p>
            		
            
            <p class="incr2">
               (b)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Written ballots.</span> Except as provided in this subsection or by joint resolution of the General Assembly,
               a public body may not vote by secret or written ballot. If a public body decides to
               vote by written ballot, each member of the body so voting shall sign his or her ballot;
               and the minutes of the public body shall show the vote of each member voting. The
               ballots shall be available for public inspection in the office of the clerk or secretary
               to the public body immediately following the meeting at which the vote took place
               and until the minutes of that official meeting are approved, at which time the ballots
               may be destroyed.
               
            </p>
            		
            
            <p class="incr2">
               (c)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Acting by reference.</span> The members of a public body shall not deliberate, vote, or otherwise take action
               upon any matter by reference to a letter, number or other designation, or other secret
               device or method, with the intention of making it impossible for persons attending
               an official meeting of the public body to understand what is being deliberated, voted,
               or acted upon. However, this subsection does not prohibit a public body from deliberating,
               voting, or otherwise taking action by reference to an agenda, if copies of the agenda,
               sufficiently worded to enable the public to understand what is being deliberated,
               voted, or acted upon, are available for public inspection at the official meeting."
               
            </p>
            		
            
         <p class="p0">
            <span class="ital">Section 2.</span> G.S. 143-318.10(d) reads as rewritten.
            
         </p><p class="incr0">
            "(d)
            
         </p><p class="content1">
            The term "official meeting" means a meeting, assembly, or gathering together at any
            time or place or the simultaneous communication of a majority of the members of a
            public body for the purpose of conducting hearings, participating in deliberations,
            or voting upon or otherwise transacting the public business within the jurisdiction,
            real or apparent, of the public body. However, a social meeting or other informal
            assembly or gathering together of the members of a public body does not constitute
            an official meeting unless called or held to evade the spirit and purposes of this
            article."
            
         </p><p class="p0">
            <span class="ital">Section 3.</span> G.S. 143-318.10 is amended by adding a new subsection to read:
            
         </p><p class="incr0">
            "(d1)
            
         </p><p class="content1">
            The term "simultaneous communication" means any communication by conference telephone
            or other electronic means."
            
         </p><p class="p0">
            <span class="ital">Section 3.1.</span> This Act applies only to Hyde County.
            
         </p><p class="p0">
            <span class="ital">Section 3.2.</span> Nothing in this Act shall be construed to affect the validity of actions related
            to electronic meetings of any other public body.
            
         </p><p class="p0">
            <span class="ital">Section 4.</span> This Act is effective October 1, 2008, and any vote taken by a public body that included
            a member voting by simultaneous communication by conference telephone or other electronic
            means before that date is ratified.
            
         </p><p class="p0">
            In the General Assembly read three times and ratified this the 17th day of July, 2008.
            
         </p><p class="bc0">
            GENERAL ASSEMBLY OF NORTH CAROLINA
            
         </p><p class="bc0">
            SESSION 2005
            
         </p><p class="bc0">
            SESSION LAW 2006-128
            
         </p><p class="bc0">
            HOUSE BILL 882
            
         </p><p class="b0">
            AN ACT CREATING A TAXING DISTRICT IN OCRACOKE TOWNSHIP FOR THE PURPOSE OF AUTHORIZING
            THE LEVY OF A ROOM OCCUPANCY AND TOURISM DEVELOPMENT TAX.
            
         </p><p class="b0">
            The General Assembly of North Carolina enacts:
            
         </p><p class="p0">
            <span class="ital">Section 1. Occupancy tax.</span> The Ocracoke Township Taxing District is created. It is coterminous with Ocracoke
            Township in Hyde County. The Ocracoke Township Taxing District is a body politic and
            corporate and has the power to carry out the provisions of this Act. The Hyde County
            Board of Commissioners shall serve ex officio as the governing body of the district,
            and the officers of the county shall serve as the officers of the governing body of
            the district. A simple majority of the governing body constitutes a quorum, and approval
            by a majority of those present is sufficient to determine any matter before the governing
            body, if a quorum is present.
            
         </p><p class="p0">
            <span class="ital">Section 2. Authorization and scope.</span> The governing body of Ocracoke Township Taxing District may levy a room occupancy
            tax of up to two percent of the gross receipts derived from the rental of any room,
            lodging, or accommodation furnished by a hotel, motel, inn, tourist camp, or similar
            place within the district that is subject to sales tax imposed by the state under
            G.S. 105-164.4(a)(3). This tax is in addition to any state or local sales or room
            occupancy tax. This tax does not apply to accommodations furnished by nonprofit charitable,
            educational, or religious organizations when furnished in furtherance of their nonprofit
            purpose.
            
         </p><p class="p0">
            <span class="ital">Section 3. Administration.</span> A tax levied under this act shall be levied, administered, collected, and repealed
            as provided in G.S. 153A-155, as if it were a county. The penalties provided in G.S.
            153A-155 apply to a tax levied under this Act.
            
         </p><p class="p0">
            <span class="ital">Section 4. Distribution and use of tax revenue.</span> Ocracoke Township Taxing District shall, on a quarterly basis, distribute the net
            proceeds of the occupancy tax to the Ocracoke Township Tourism Development Authority
            created pursuant to section 5 of this Act. The Authority shall use at least two-thirds
            of the proceeds distributed to it to promote travel and tourism in the district and
            shall use the remainder for tourism-related expenditures in the district. In accordance
            with the North Carolina Constitution and the United States Constitution, the tax proceeds
            may be used only for the direct benefit of Ocracoke Township. None of the proceeds
            may be used to promote travel or tourism in areas within Hyde County that are outside
            of the district or for tourism-related expenditures in the county that are outside
            of the district.
            
         </p><p class="p0">
            The following definitions apply in this Act:
            
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Net proceeds.</span> Gross proceeds less the cost to the district of administering and collecting the
               tax, as determined by the finance officer, not to exceed three percent of the first
               $500,000 of gross proceeds collected each year and one percent of the remaining gross
               receipts collected each year.
               
            </p>
            		
            
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Promote travel and tourism.</span> To advertise or market an area or activity, publish and distribute pamphlets and
               other materials, conduct market research, or engage in similar promotional activities
               that attract tourists or business travelers to the area. The term "promote travel
               and tourism" includes administrative expenses incurred in engaging in the listed activities.
               
            </p>
            		
            
            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Tourism-related expenditures.</span> Expenditures that, in the judgment of the Tourism Development Authority, are designed
               to increase the use of lodging facilities, meeting facilities, or convention facilities
               in a district or to attract tourists or business travelers to the district. The term
               "tourism-related expenditures" includes tourism-related capital expenditures.
               
            </p>
            		
            
         <p class="p0">
            <span class="ital">Section 5(a). Ocracoke Township Tourism Development Authority. Appointment and membership.</span> The Board of Commissioners of Hyde County shall adopt a resolution creating the Ocracoke
            Township Tourism Development Authority, which shall be a public authority under the
            Local Government Budget and Fiscal Control Act. The Tourism Development Authority
            shall have five members in addition to the Finance Officer. The resolution shall provide
            for the membership of the Authority, including the members' terms of office, and for
            the filling of vacancies on the Authority. At least one-third of the members must
            be individuals affiliated with businesses that collect the tax in the district, and
            at least one-half of the members must be individuals currently active in the promotion
            of travel and tourism in the district. The Board of Commissioners shall designate
            one member of the Authority as chair and shall determine the compensation, if any,
            to be paid to members of the Authority.
            
         </p><p class="p0">
            The Authority shall meet at the call of the chair and shall adopt rules of procedure
            to govern its meetings. The Finance Officer for Hyde County shall be the ex officio
            finance officer of the Authority.
            
         </p><p class="p0">
            <span class="ital">Section 5(b). Duties.</span> The Authority shall expend the net proceeds of the tax levied under this Act for
            the purposes provided in section 4 of this Act. The Authority shall promote travel
            and tourism in the district and make tourism-related expenditures in the district.
            
         </p><p class="p0">
            <span class="ital">Section 5(c). Reports.</span> The Authority shall report quarterly and at the close of the fiscal year to the Hyde
            County Board of Commissioners on its receipts and expenditures for the preceding quarter
            and for the year in such detail as the board may require.
            
         </p><p class="p0">
            <span class="ital">
               <a href="" data-chunk-id="PTIICOOR_CH6AV" class="section-link" data-product-id="14661">Section 6</a>
               </span> G.S. 153A-215(g) reads as rewritten:
            
            <p class="incr1">
               "(g)
               
            </p>
            		
            <p class="content2">
               This section applies only to Alleghany, Anson, Brunswick, Buncombe, Cabarrus, Camden,
               Carteret, Craven, Cumberland, Currituck, Dare, Davie, Duplin, Durham, Franklin, Granville,
               Halifax, Madison, Montgomery, Nash, New Hanover, Pasquotank, Pender, Person, Randolph,
               Richmond, Rockingham, Rowan, Scotland, Stanly, Transylvania, Tyrrell, Vance, and Washington
               Counties, to Watauga County District U, and to the Township of Averasboro in Harnett
               County and the Ocracoke Township Taxing District."
               
            </p>
            		
            
         <p class="p0">
            <span class="ital">
               <a href="" data-chunk-id="PTIICOOR_CH7RE" class="section-link" data-product-id="14661">Section 7</a>
               </span> This Act is effective when it becomes law.
            
         </p><p class="p0">
            In the General Assembly read three times and ratified this the 19th day of July, 2006.
            
         </p><p class="bc0">
            GENERAL ASSEMBLY OF NORTH CAROLINA
            
         </p><p class="bc0">
            1993 SESSION
            
         </p><p class="bc0">
            CHAPTER 635
            
         </p><p class="bc0">
            HOUSE BILL 2006
            
         </p><p class="b0">
            AN ACT TO ALLOW THE TRAPPING AND KILLING OF RED WOLVES BY OWNERS OF PRIVATE LAND.
            
         </p><p class="p0">
            Whereas, red wolves have been introduced by the U.S. Fish and Wildlife Service on
            federal property in Dare County; and
            
         </p><p class="p0">
            Whereas, red wolves have spread from Dare County to Hyde County, where they pose a
            danger to livestock, wildlife, and residents who have not given permission for a wolf
            population to be established on their property; and
            
         </p><p class="p0">
            Whereas, efforts by the U.S. Fish and Wildlife Service to trap and remove wolves have
            not been successful in removing wolves for a significant period of time; Now, therefore,
            
         </p><p class="b0">
            The General Assembly of North Carolina enacts:
            
         </p><p class="p0">
            <span class="ital">Section 1.</span> It is lawful for a private landowner or the landowner's agent at any time to trap
            and kill red wolves that are on the landowner's property, and that the property owner
            reasonably believes may be a threat to the person's own life or the lives of others,
            or to the life of livestock on the property; provided that the landowner has previously
            requested the U.S. Fish and Wildlife Service to remove the red wolves from the landowner's
            property and that the landowner shall report the killing of a wolf to the U.S. Fish
            and Wildlife Service within 48 hours.
            
         </p><p class="p0">
            <span class="ital">Section 2.</span> This Act applies only to Hyde and Washington Counties.
            
         </p><p class="p0">
            <span class="ital">Section 3.</span> This Act becomes effective January 1, 1995.
            
         </p><p class="p0">
            In the General Assembly read three times and ratified this the 1st day of July, 1994.
            
         </p><p class="bc0">
            GENERAL ASSEMBLY OF NORTH CAROLINA
            
         </p><p class="bc0">
            SESSION 1991
            
         </p><p class="bc0">
            CHAPTER 824
            
         </p><p class="bc0">
            HOUSE BILL 1466
            
         </p><p class="b0">
            AN ACT TO AUTHORIZE HYDE COUNTY TO ASSESS BENEFITED PROPERTY IN ADVANCE OF IMPROVEMENTS
            TO SUBDIVISION AND RESIDENTIAL STREETS.
            
         </p><p class="b0">
            The General Assembly of North Carolina enacts:
            
         </p><p class="p0">
            <span class="ital">Section 1.</span> G.S. 153A-205 is amended by adding a new subsection to read:
            
            <p class="incr1">
               "(b1)
               
            </p>
            		
            <p class="content2">
               A county may finance the local share of the cost of improvements made under the supervision
               of the Department of Transportation to subdivision and residential streets located
               in the county and outside of a city by special assessment against benefited property
               in advance of the proposed improvements for a period not exceeding five years. The
               county may make advance assessments against benefited property for proposed improvements
               in lieu of obligating general funds in order to provide the portion of costs financed
               by the county. The county may estimate in advance the cost of the proposed improvements,
               then levy and collect in advance the cost of the proposed improvements to the benefited
               property pursuant to the procedures of<a href="" data-chunk-id="PTIICOOR_CH9RE" class="section-link" data-product-id="14661"> Article 9</a> of Chapter 153A of the General Statutes. The county shall refund pro rata to the
               owner of benefited property the balance of an assessment remaining after full payment
               of the actual cost of the proposed improvements. If the actual cost of the improvements
               exceeds the amount estimated by the county, the county shall not levy a supplemental
               assessment against the benefited property. The local share is that share required
               by policies of the Secondary Roads Council, and may be paid by the county from funds
               not otherwise limited as to use by law. Land owned, leased, or controlled by a railroad
               company is exempt from such assessments to the same extent that it would be exempt
               from street assessments of a city under G.S. 160A-222. No project may be commenced
               under this subsection unless it has been approved by the Department of Transportation."
               
            </p>
            		
            
         <p class="p0">
            <span class="ital">Section 2.</span> This Act applies to Hyde County only.
            
         </p><p class="p0">
            <span class="ital">Section 3.</span> This Act is effective upon ratification.
            
         </p><p class="p0">
            In the General Assembly read three times and ratified this the 1st day of July, 1992.
            
         </p><p class="bc0">
            GENERAL ASSEMBLY OF NORTH CAROLINA
            
         </p><p class="bc0">
            SESSION 1991
            
         </p><p class="bc0">
            CHAPTER 806
            
         </p><p class="bc0">
            HOUSE BILL 1344
            
         </p><p class="b0">
            AN ACT TO MODIFY THE PROVISIONS GOVERNING EXPENDITURE OF THE HYDE COUNTY OCCUPANCY
            TAX.
            
         </p><p class="b0">
            The General Assembly of North Carolina enacts:
            
         </p><p class="p0">
            <span class="ital">Section 1.</span> Section 1(e) of Chapter 230 of the 1991 Session Laws reads as rewritten:
            
            <p class="incr1">
               "(e)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Use of tax revenue.</span> Hyde County may use the proceeds of the occupancy tax for any public purpose. The
               county shall spend 90 percent of the proceeds collected on the mainland only for the
               direct benefit of the mainland. The board of commissioners shall appoint a five-member
               mainland advisory board whose members are all residents of the mainland. The board
               of commissioners shall set the terms of office of the members. The mainland advisory
               board shall advise the board of commissioners on the expenditure of tax proceeds for
               the direct benefit of the mainland. The county shall spend 90 percent of the proceeds
               collected on Ocracoke only for the direct benefit of the island. The board of commissioners
               shall appoint a five-member island advisory board whose members are all residents
               of the island. The board of commissioners shall set the terms of office of the members.
               Two of the members shall be appointed upon the recommendation of the Ocracoke Civic
               and Business Association, Inc. The island advisory board shall advise the board of
               commissioners on the expenditure of tax proceeds for the direct benefit of the island."
               
            </p>
            		
            
         <p class="p0">
            <span class="ital">Section 2.</span> This Act becomes effective July 1, 1992.
            
         </p><p class="p0">
            In the General Assembly read three times and ratified this the 30th day of June, 1992.
            
         </p><p class="bc0">
            GENERAL ASSEMBLY OF NORTH CAROLINA
            
         </p><p class="bc0">
            1985 SESSION
            
         </p><p class="bc0">
            CHAPTER 420
            
         </p><p class="bc0">
            HOUSE BILL 432
            
         </p><p class="b0">
            AN ACT TO REGULATE HUNTING ON THE LANDS OF ANOTHER IN HYDE COUNTY.
            
         </p><p class="b0">
            The General Assembly of North Carolina enacts:
            
         </p><p class="p0">
            <span class="ital">Section 1.</span> It is unlawful to hunt with guns or dogs upon the lands of another without permission
            from the owner or lessor of the land.
            
         </p><p class="p0">
            <span class="ital">Section 2.</span> Violation of this Act is a misdemeanor punishable by a fine of $50.00 or imprisonment
            not to exceed 30 days.
            
         </p><p class="p0">
            <span class="ital">Section 3.</span> This Act is enforceable by enforcement officers of the North Carolina Wildlife Resources
            Commission, by deputy sheriffs, and by other peace officers with general subject matter
            jurisdiction.
            
         </p><p class="p0">
            <span class="ital">Section 4.</span> This Act applies only to Hyde County.
            
         </p><p class="p0">
            <span class="ital">Section 5.</span> This Act shall become effective 30 days after ratification.
            
         </p><p class="p0">
            In the General Assembly read three times and ratified, this the 18th day of June,
            1985.
            
         </p><p class="bc0">
            NORTH CAROLINA GENERAL ASSEMBLY
            
         </p><p class="bc0">
            1981 SESSION
            
         </p><p class="bc0">
            CHAPTER 236
            
         </p><p class="bc0">
            HOUSE BILL 673
            
         </p><p class="b0">
            AN ACT TO EXPAND THE HYDE COUNTY BOARD OF COMMISSIONERS FROM THREE TO FIVE MEMBERS.
            
         </p><p class="b0">
            The General Assembly of North Carolina enacts:
            
         </p><p class="p0">
            <span class="ital">Section 1.</span> Section 1 of Chapter 1141, Session Laws of 1949, is rewritten to read:
            
            <p class="p1">
               "Section 1. Hyde County is divided into five districts as follows:
               
               <p class="incr2">
                  (1)
                  
               </p>
               		
               <p class="content3">
                  District one: Currituck Township;
                  
               </p>
               		
               
               <p class="incr2">
                  (2)
                  
               </p>
               		
               <p class="content3">
                  District two: Fairfield Township and Mattamuskeet Township;
                  
               </p>
               		
               
               <p class="incr2">
                  (3)
                  
               </p>
               		
               <p class="content3">
                  District three: Ocracoke Township;
                  
               </p>
               		
               
               <p class="incr2">
                  (4)
                  
               </p>
               		
               <p class="content3">
                  District four: Swan Quarter Township;
                  
               </p>
               		
               
               <p class="incr2">
                  (5)
                  
               </p>
               		
               <p class="content3">
                  District five: Lake Landing Township."
                  
               </p>
               		
               
            
            
         <p class="p0">
            <span class="ital">Section 2.</span> Section 2 of Chapter 1151, Session Laws of 1949, as amended by Chapter 281, Session
            Laws of 1977, is repealed.
            
         </p><p class="p0">
            <span class="ital">Section 3.</span> Section 3 of Chapter 1151, Session Laws of 1949, as amended by Chapter 281, Session
            Laws of 1977, is rewritten to read:
            
            <p class="p1">
               "Section 3. In the 1982 county election and quadrennially thereafter, one commissioner
               each shall be elected from districts one and four, for a four-year term. In the 1982
               election, one commissioner each shall be elected for a two-year term from districts
               two and five, and in the 1984 election and quadrennially thereafter, one commissioner
               each shall be elected from districts two and five for a four-year term. In the 1984
               election and quadrennially thereafter, one commissioner shall be elected from district
               three for a four-year term."
               
            </p>
            
         <p class="p0">
            <span class="ital">Section 4.</span> Section 4 of Chapter 1151, Session Laws of 1949, is rewritten to read:
            
            <p class="p1">
               "Section 4. Members shall reside in and represent the districts established by this
               Act, but the qualified voters of the entire county shall nominate all candidates for
               and elect all members of the board."
               
            </p>
            
         <p class="p0">
            <span class="ital">Section 5.</span> The commissioner elected in 1980 for old district two shall serve until the first
            Monday in December of 1984. The commissioners elected in 1978 for old districts one
            and three shall serve until the first Monday in December of 1982.
            
         </p><p class="p0">
            <span class="ital">
               <a href="" data-chunk-id="PTIICOOR_CH6AV" class="section-link" data-product-id="14661">Section 6</a>
               </span> The Board of Commissioners of Hyde County consists of five members.
            
         </p><p class="p0">
            <span class="ital">
               <a href="" data-chunk-id="PTIICOOR_CH7RE" class="section-link" data-product-id="14661">Section 7</a>
               </span> Sections 1 and 4 of this Act shall become effective beginning with the 1982 election.
            Sections 2, 3, and 5 of this Act are effective upon ratification.<a href="" data-chunk-id="PTIICOOR_CH6AV" class="section-link" data-product-id="14661"> Section 6</a> of this Act shall become effective on the first Monday in December of 1982.
            
         </p><p class="p0">
            In the General Assembly read three times and ratified, this the 22nd day of April,
            1981.
            
         </p><p class="bc0">
            NORTH CAROLINA GENERAL ASSEMBLY
            
         </p><p class="bc0">
            1979 SESSION
            
         </p><p class="bc0">
            CHAPTER 1135
            
         </p><p class="bc0">
            HOUSE BILL 1626
            
         </p><p class="b0">
            AN ACT TO PERMIT CERTAIN COUNTIES, CITIES AND TOWNS TO ENTER INTO LONGTERM CONTRACTS
            FOR DISPOSAL OF SOLID WASTE.
            
         </p><p class="p0">
            Whereas, the Boards of County Commissioners of the counties listed in<a href="" data-chunk-id="PTIICOOR_CH6AV" class="section-link" data-product-id="14661"> section 6</a> of this Act, and the Councils of many of the cities and towns located in such counties,
            have become increasingly concerned about the costs of collection and disposal of solid
            waste generated by private businesses and homes. The labor and transportation costs
            to pick up solid waste and transport them to an incinerator or landfill are skyrocketing.
            Land costs for landfills, as with all land costs, are rising rapidly. Indications
            are that labor, transportation and land costs will continue to spiral. Environmental
            regulations relating to disposal of solid waste, although certainly beneficial to
            our citizens, add substantial cost to the process of solid waste disposal. Material
            additional expenditures must be incurred in the immediate future to prevent leaching
            in many landfills. Public opposition to landfills is growing; and
            
         </p><p class="p0">
            Whereas, the Boards of County Commissioners in the counties listed in<a href="" data-chunk-id="PTIICOOR_CH6AV" class="section-link" data-product-id="14661"> section 6</a> of this Act, and the councils of many of the cities and towns located in such counties,
            have been advised that one new and very significant innovation in solid waste disposal
            is the "waste to energy" technology and equipment which has already been implemented
            in several areas of the United States. This technology and equipment converts solid
            waste (garbage) into energy in the form of steam. A waste to energy system is usually
            owned and operated either by a governmental unit that can utilize the steam energy
            or by a private person, firm or corporation that harnesses the steam for use in a
            manufacturing process; and
            
         </p><p class="p0">
            Whereas, the disposition of solid waste is a public purpose and is a vitally important
            public service; and
            
         </p><p class="p0">
            Whereas, the utilization of the new waste to energy technology would be economically
            and socially beneficial to the counties, cities, and towns and to the people of North
            Carolina; and
            
         </p><p class="p0">
            Whereas, a very substantial capital investment is required by a private person, firm
            or corporation to purchase and install a waste to energy system; and
            
         </p><p class="p0">
            Whereas, a private person, firm or corporation will not expend the large amounts of
            capital required to purchase and install a waste to energy system unless the private
            person, firm or corporation can be ensured of an adequate longterm supply of solid
            waste from a municipality for the waste to energy system under the terms of an enforceable
            longterm contract; Now, therefore,
            
         </p><p class="p0">
            The General Assembly of North Carolina enacts:
            
         </p><p class="p0">
            <span class="ital">Section 1.</span> The Boards of County Commissioners on behalf of counties and city councils on behalf
            of cities and towns are hereby authorized to enter into contracts with any private
            person, firm or corporation to dispose of by sale or otherwise, solid waste generated
            within their geographic boundaries or brought into their geographic boundaries. Without
            intending to limit the provisions which may be included in such contracts, the contracts
            may specifically include provisions for:
            
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               Payment by the county, city or town of a fee or other charge to the private person,
               firm or corporation to accept and dispose of the solid waste;
               
            </p>
            		
            
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               Periodic increases or adjustments in the fees or other charges to be paid by the counties,
               cities or towns to the private person, firm or corporation;
               
            </p>
            		
            
            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               Warranties from the counties, cities or towns with respect to the quantity of the
               solid waste it will deliver and transfer to the private person, firm or corporation
               and warranties relating to the content or quality of the solid waste;
               
            </p>
            		
            
            <p class="incr1">
               (4)
               
            </p>
            		
            <p class="content2">
               Legal and equitable title to the solid waste passing to the private person, firm or
               corporation upon delivery of the solid waste to the private person, firm or corporation;
               and
               
            </p>
            		
            
            <p class="incr1">
               (5)
               
            </p>
            		
            <p class="content2">
               A longterm of duration up to a period of 60 years.
               
            </p>
            		
            
         <p class="p0">
            <span class="ital">Section 2.</span> As used in this Act, the term "solid waste" shall include, but is not limited to,
            trash, debris, garbage, litter, discarded cans or receptacles or any other type of
            waste or garbage material whatsoever.
            
         </p><p class="p0">
            <span class="ital">Section 3.</span> Counties, cities and towns may enter into longterm contracts as described in section
            1 of this Act notwithstanding the provisions of G.S. 153A-136 limiting a franchise
            granted by a Board of County Commissioners for the collection and disposal of solid
            waste to a term of no more than seven years and notwithstanding the provisions of
            G.S. 160A-319 limiting a franchise granted by a city for the collection and disposal
            of solid waste to a term of no more than 60 years.
            
         </p><p class="p0">
            <span class="ital">Section 4.</span> The Department of Human Resources must approve all contracts entered into pursuant
            to this Act before such contract may become effective.
            
         </p><p class="p0">
            <span class="ital">Section 5.</span> Approval of any contract under this Act by the Board of County Commissioners or City
            Council shall be governed by G.S. 153A-46 as to counties or by G.S. 160A-76 as to
            cities and towns.
            
         </p><p class="p0">
            <span class="ital">
               <a href="" data-chunk-id="PTIICOOR_CH6AV" class="section-link" data-product-id="14661">Section 6</a>
               </span> This Act shall apply only to Beaufort County, Craven County, Edgecombe County, Hyde
            County, Lenoir County, Martin County, Pamlico County, Pitt County, Washington County,
            Wilson County, and to any and all incorporated cities and towns situated within the
            foregoing counties.
            
         </p><p class="p0">
            <span class="ital">
               <a href="" data-chunk-id="PTIICOOR_CH7RE" class="section-link" data-product-id="14661">Section 7</a>
               </span> This Act shall become effective July 1, 1980.
            
         </p><p class="p0">
            In the General Assembly read three times and ratified, this the 19th day of June,
            1980.
            
         </p><p class="bc0">
            NORTH CAROLINA GENERAL ASSEMBLY
            
         </p><p class="bc0">
            1971 SESSION
            
         </p><p class="bc0">
            CHAPTER 520
            
         </p><p class="bc0">
            HOUSE BILL 660
            
         </p><p class="b0">
            AN ACT TO PROHIBIT HUNTING WITH RIFLES FROM HIGHWAYS IN HYDE COUNTY.
            
         </p><p class="b0">
            The General Assembly of North Carolina do enact:
            
         </p><p class="p0">
            <span class="ital">Section 1.</span> It shall be unlawful to hunt, kill, take or attempt to hunt, kill or take any animal
            by or with the use of rifles from any public road, highway, or street in Hyde County.
            
         </p><p class="p0">
            <span class="ital">Section 2.</span> Any person violating the provisions of this Act shall be guilty of a misdemeanor
            and shall be fined not in excess of $50.00 or imprisoned not in excess of 30 days
            or both, in the discretion of the court.
            
         </p><p class="p0">
            <span class="ital">Section 3.</span> This Act shall become effective upon ratification.
            
         </p><p class="p0">
            In the General Assembly read three times and ratified, this the 7th day of June, 1971.
            
         </p><p class="bc0">
            NORTH CAROLINA GENERAL ASSEMBLY
            
         </p><p class="bc0">
            1959 SESSION
            
         </p><p class="bc0">
            CHAPTER 333
            
         </p><p class="bc0">
            HOUSE BILL 490
            
         </p><p class="b0">
            AN ACT AUTHORIZING THE SHERIFF OF HYDE COUNTY TO APPOINT ONE FULLTIME DEPUTY FOR OCRACOKE
            TOWNSHIP.
            
         </p><p class="b0">
            The General Assembly of North Carolina do enact:
            
         </p><p class="p0">
            <span class="ital">Section 1.</span> That the Sheriff of Hyde County be and he is hereby authorized to appoint one fulltime
            deputy sheriff who shall reside in Ocracoke Township and shall devote the major portion
            of his time to law enforcement in said township.
            
         </p><p class="p0">
            <span class="ital">Section 2.</span> The salary of the fulltime deputy sheriff provided for in section 1 of this Act shall
            be fixed by the Board of Commissioners of Hyde County and shall be paid in equal monthly
            installments from the general fund of the county.
            
         </p><p class="p0">
            <span class="ital">Section 3.</span> All laws and clauses of laws in conflict with the provisions of this Act are hereby
            repealed.
            
         </p><p class="p0">
            <span class="ital">Section 4.</span> This Act shall be in full force and effect from and after its ratification.
            
         </p><p class="p0">
            In the General Assembly read three times and ratified, this the 21st day of April,
            1959.
            
         </p><div class="footnote-content"><div style="font-weight:bold;">Footnotes: </div> --- (<b>1</b>) ---
            
            <p class="refeditorFN"><b>Editor's noteâ€”</b>
               This part contains selected session laws, adopted by the North Carolina legislature,
               which concern Hyde County. This is offered strictly for informational purposes, and
               does not constitute a portion of the Hyde County Code of Ordinances.
               </p>
            
         <br></div></div>